On 1 July 2026, the Senior President of Tribunals issued a new Practice Statement expanding the list of judicial functions that legal officers are authorised to undertake in employment tribunals. This supersedes the Practice Statement dated 6 January 2025.
So, what has changed?
The notable additions to the list of functions are that legal officers can now determine and issue a judgment under rule 22, they can strike out a claim that has not been actively pursued (provided that the claimant has been given a reasonable opportunity to make representations and has not done so) and they can make rule 53 orders for preliminary hearings to determine preliminary issues under rule 52(1), and are no longer restricted to only case management matters. They can also consider rule 14 claim rejections and conduct an initial consideration under rule 27.
What functions can legal officers carry out?
The list of functions that legal officers can carry out under the supervision of an employment judge is available on the judiciary.uk website here but is copied below for ease:
- extending or shortening a time limit under rule 5(7);
- rejecting a claim, or part of a claim, following a referral under rule 13;
- a reconsideration of the rejection of a claim under rule 14 unless the claim was rejected under rule 13(1) (a) or (b) or it is required to be determined at a hearing;
- giving directions regarding service of a claim form under rule 16(3) including as to the period for responding;
- an application for an extension of time for presenting a response under rule 21;
- requiring a party to provide further information;
- determining and issuing a judgment under rule 22;
- postponing a hearing when a decision is taken under rule 22;
- conducting initial consideration of a claim and response or reply under rule 27;
- an order under rule 30, where parties have been given an opportunity to object and no objection has been made:
- for an extension of time to comply with a case management order;
- to amend a claim or response;
- for additional information about another party’s claim or defence;
- for different claims to be considered together;
- postponing a hearing, except where the circumstances in rule 32(3)(b) apply;
- an order under rule 37(1) where parties have been given an opportunity to object and no objection has been made;
- an order under rule 38(1)(d) to strike out a claim that has not been actively pursued, provided that the claimant has been given a reasonable opportunity to make representations in accordance with Rule 38(2) and has not done so;
- an order under rule 53, where parties have been given an opportunity to object and no objection has been made, and where the hearing sought would only determine matters under rule 52(1)(a);
- an order under rule 53 where the preliminary hearing is to determine a preliminary issue under rule 52(1)(b);
- confirmation of a stay (or in Scotland sist) of the proceedings in the event of a respondent’s compulsory liquidation or administration; and;
- dismissal of a claim under rule 51.
Legal officers may carry out these functions either in response to an application or on their own initiative. In accordance with rule 7(2), within 14 days from the date on which the tribunal sends a party notice of a decision made by a legal officer authorised by the Practice Statement, that party may apply in writing for the decision to be considered afresh by a judge.
